War of the Rebellion: Serial 114 Page 0440 PRISONERS OF WAR, ETC.

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Frank White, the accused, also present.

The judge-advocate having read the order convening the court asked the accused Frank White, if he had any objection to any member named therein; to which he replied, "I have not".

The commission was then duly sworn by the judge-advocate and the judge-advocate was then duty sworn by the presiding officer of the commission in the presence of the accused.

The charges were then road alond by the judge-advocate as follows:

CHARGE 1: Destroying railroad and railroad property.

Specification. - In this, that the said Frank White on or about the 20th day of December, 1861, in the counties of Montgomery and Audrain in the State of Missouir and within the lines occupied by the regularly authorized military forces of the United States did unlawfully, wilfully and maliciously tear up, burn and destroy the rails, railroad track, ties, bridges, buildings and others property of the North Missouri Railroad Company (so-called) contrary to the laws and customs of war in like cases.

CHARGE 2: Destroying telegraph lines.

Specification. - In this, that the said Frank White on or about the 20th day of December, 1861, in the counties of Montgomery and Audrain in the State of Missouri and within the lines occupied by the regularly authorized military forces of the United States did unlawfully, wilfully and maliciously cut down and destroy the telegraph wires, poles and offices of the U. S. military telegraph along the line of the North Missouri Railroad in said counties contrary to the laws and customs of war in like cases.

CHARGE 3: Violation of the laws and customs of war.

Specification. - In this, that the said Frank White on or about the 20th day of December, 1861, in the county of Montgomery in the State of Missouri and within the lines occupied by the lawfully authorized military forces of the United State, did unlawfully and of this own wrong take up arms as an insurgent and commit act of hostility against the said military forces, the said Frank White not then and there being a soldier belonging to any lawfully authorized and organized military forces at war with the United States and without being commanded lawfully thereto by any competent civil or military authority contrary to the laws and customs of war in like cases.

The judge-advocate then asked the accused, Frank White: "You have been heard the charges peferred against you; how say you, guilty or not guilty?"

To which the said Frank White pleaded as follows:

To specification of charge 1, guilty.

To charge 1, guilty.

To specification to charge 2, not guilty.

To charge 2, not guilty.

To specification to charge 3, not guilty.

To charge 3, not guilty.

The prisoner here made out and presented a written statement as a defense which is herewith returned, marked Exhibit A and affixed to the end of this record.

The commission then proceeded in the further examination of the case of Frank White as follows:

JOHN BOWLES being produced, duly sworn and examined on the part of the defense testifies as follows:

I know Frank White and have known him for eight or nine years. He lives in Montgomery County, just below Middletown about three miles. To the best of my knowledge he started out late fall, and started to go to Price, and there fell in with a commissioned officer from Price, Captain Meyers, and was sworn in under him. Meyers had several men togetheer at that time and Colonel Jones called the men of Callaway County, &c., to whip these men of Henderson, and Meyers took his men and went into camp. I staid on there until Holmes and Henderson and Jones made a treaty. Meyers still held men as sworn in under Price and allowed to try to get to Price. Meyers finding that he could not get to Price at that time disbanded temporarily until there was a chance. After he disbanded this young man and I thought